Hall v. Mayhew

Le Grand, C. J., delivered the opinion- of this court: The bill, in this case, was filed for the two-fold purpose of having an abatement from the amount of the purchase money, agreed to be paid by the appellants for a tract of land, and the enjoining of the further prosecution of a suit, at law, brought against them by the appellee for a part of said purchase money due and payable, agreeably to the terms of the ⁵⁶⁷ purchase. The case was decided on a motion to dissolve an •injunction which had been previously granted on the filing of the bill, and on affidavits taken under the Act of 1835, chapter 380. The bill, in substance, charges, that the appellants became the purchasers of the land because of the statements contained in an advertisement, published in a newspaper called the “Baltimore Sun,” and those made to them by the appellee, the ground of complaint being, that the land was believed by the appellants to contain 482 acres, when, by a survey by themselves caused to be made, it was found to contain but 3TS. All the purchase money, with the exception of $566.16, had been paid before the filing of the bill.

To recover this residue, the action at law had been instituted by the appellee. The history of the case, as disclosed by the record, is, that the property was that of one Jones, who being indebted to Mayhew, the appellee, and being unable to discharge his indebtedness, and desirous of obtaining a loan from the latter, agreed with him to convey the property to him and to take a lease for a term of years at a certain rent. This transaction was viewed, by the parties to it, as one in the nature of a mortgage to secure the payment of the money due from Jones to the appellee. The sale was at the instance of Jones, but with the approbation of the appellee.

Before the purchase Was consummated these facts were made known to the appellant. The appellee, in the agreement of sale executed by him, does not warrant on guaranty any number of acres. He refers to the source of bis own title, to wit$ the deed from Jones, and his lease to Jones. The deed from Jones to the appellee describes the land as: “All that tract * ® ® called Ninevabj as described in the patent thereof, * ® * (excepting there¿ from all those parts of said tract which were sold and conveyed by the said